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TOWN OF ITHACA, N.Y.-SANITARY SEWER AND/OR WATERMAIN RIGHT OF WAY
P-Pwty Addrss (R any): 1006 Danby Rd.
THIS INDENTURE, made this .......ZRIL .... day of ...2+lay............ _..... _.........._.._.._..._._..., 19 MTWEEN
Payne, Douglass M. and Jean L.
referred to herein as GRANTOR and the TOWN OF ITHACA, a municipal corporation in the County of
Tompkins, State of New York, hereinafter called GRANTEE or TOWN, acting for and on behalf of the
(Town of Ithaca)
WITNESSETH: WHEREAS said Town is about to construct a system of sanitary sewers and/or
water mains or extensions thereof, which by reason of topography and grades in certain locations must
depart from established highways in order to render proper service to property owners of the Town, and
WHEREAS the Grantor is the owner or has an interest in real property in said Town where the server and/or
water main line or lines must cross or encroach upon private property for the above reasons,
NOW THEREFORE, said Grantor in consideration of the benefits to accrue both community wide
and to said Grantor as a result of stabilization of property values and protection of health and otherwise,
and in further consideration of the covenants herein contained and other good and sufficient consideration,
receipt whereof is hereby acknowledged, does hereby grant and convey to said Town, its successor and
assigns forever: A permanent right of way to enter upon, construct, operate, maintain, repair and replace
a sanitary sewer and/or water main pipe line and appurtenances across or upon the lands of the Grantor in
said Town in accordance with official plans and specifications filed at the office of the Town Clerk, the
center line of which right of way along which said sewer and/or water line and appurtenances is to he laid
shall be substantially as shown on File No. 14747 ?c 14717, 14718 sheet no. 3 and
sheet 14,415 by Lozier engineers Inc.. A 20 ft. wide permanent
easement for sanitary sewer and a 10 ft. permanent easement for
water main, as revised. Grantor.
Together with a temporary easement during the period of original construction over so much of the
owners property as may be necessary for men and vehicles while the said sewer and/or water main and
a urtenances are being installed, which temporary easement is also shown on File No. 1474 % 3c
717, 14713, as revised.
Additional provisions, deed references, property descriptions (if desired) are hereinafter set forth:
Additional provisions -- see attached sheet (1)
Property description: The center line of 10 ft. easement for
water line will enter property south line 66' west of center line of
highway (being 33' west of highway right of way) and leaving north
property line at 64' west of center line of highway (being 27' west
of highway right of way marker). The Center line of 20' ease-
ment for sanitary sewer will enter south property line 278' west of
center line of highway (being 245' west of highway right of way) and
leaving north property line 241' west of center line of highway
(being 204' west of hitlaway right of way marker), all figures plus
or minus. -- see attached sketch (1).
The sewer and/or water pipe, and appurtenances constructed on said premises shall remain the property of
the Town and under its control and supervision, but the Grantor reserves the underlying fee title to said
property covered by said right of way, subject to the rights and privileges herein granted to the Town, and
he reserves the right to use and enjoy said premises provided that such use shall not interfere with the con-
struction, maintenance, operation or repair of, or cause injury or damage to, the pipe or appurtenances. The
town will restrict its operations to the minimum feasible width for said right of way. The Town, whenever
any work is done on the grantors premises, will restore the surface of said premises to substantially the
same condition as before such work was done, without expense to the owner. The owner shall be permitted
to connect his sewer and/or water service lateral to such sewer and/or water main if it is more feasible
and economical to connect with the sewer and/or water main instead of connecting to a different sewer
and/or water main in an adjoining highway.
The execution of " instrument by a party holding the following Ifen(s) on the above premises shall
constitute a release from any such lien(s) of the easement granted hereby:
_.........
REAL ESTATE
AUG 9 1993
TR;NSFFRTIu(
TObsPF.iNS
COUNTY
This instrument shall be binding on
aasors and assigns.
personal representatives, suc-
IN WITNESS WHEREOF, ft instrument has been duly executed by the Crantor(s) and/or the
holden of this Boo.
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706
Payne, D.M. and J.L. 1006 Denby Rd.
a Additional provision sheet (1)
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" All operating drain tile out will be replaced in such a
manner as to insure no settling and continued operation.
Driveway where out will be replaced with suitable base and
surface bonded before fall of 1968.
Garden area where disturbed will be replaced with garden
type soil.
I
If blasting is imperative, the house is to be inspected
before and after the operation in the presence of owner, and
x' compensation paid for any damage incurred. Blasting within 100'
of the house will be restricted to } stick of 40%. one at a time,
or under the supervision of Mr. William O'Boyle.
It is understood that the sewer lateral line will be extended
toward the house to a distance equal to the distance of the water
line from the house.
Manhole on property is to be kept as near ground level as
possible.
I As the result of a conference with Mr. Franklin. Town of
Ithaca Assessor, it Is further understood that this parcel will
be assessed at not more than 2.8 unite.
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UDER 706 i1SE
Payne, Douglass M. and Jean L. 1006 Danby Road. Sketch (1)
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HIGHWAY R / W --M 7v T
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N WATERMAIN M
T 284
N OD
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1006
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N N
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MH
SEWER
2871
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Sketch of the Payne property, 1006 Danby Rd., showing proposed
water and sewer line looatione in relation to house and highway, as
marked out by the engineers. (All figures plus or minus.)
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LW 706 FACE 8
b� e
wiinraes Lww below)i
STATE OF NEW YORK : �
COUNTY OF TOMPKINS:
On this ........ .......... ... day of. __.._.._-_,19 , before me, the subsarlber, penooafly
appeared
to me personally (mown and !mown to me to be the same persons) described in and who executed the
within instrument, and he duly acknowledged to me that he executed the same
NOTARY PUBLIC
STATE OF ...................... --.s SS.
COUNTY OF ....... ...... ..........._:
.......__ . _ ... day of _._„_ _ __ „......._.._.. ,19 , before me, the subscriber, penaoaBy
appeared
to me personally known and known to me to be the same person(s) described in and who owo:ted the
within instrument, and he duly acknowledged to me that he executed the lama
NOTARY PUBLIC
STATE OF
COUNTY OF ./.Q/!?!!' l ..: SS.
On this ....---� .... . .._....... day of ...e ,197� before / me, the wbrcriber, personally
appeared
-,« /'0" c, I�oy«
the subscribing witness to the foregoing instrument, to me pa�o Hy known, who, being by me duly
sworn, did depose and say that he resides at elve,14, �l/
that he knows said " /N • i j� v,
to be the individual(s) described in, and who executed the foregoing instrument; that he, the subscribing
witness, was present and saw he execute the same; and that he, said
at the same time subscribed name as witness thereto.
i
NOTARY PUBLIC
XDWARD L BERGEN
lk&" pubbe. Stile of New Yorb
ualifind in Tompkin, C)"My- STATE OF ....... _................ _.._..:
ern Expires 6larc4 A. lv"LJ
i
SS.
COUNTY OF .-.-..._.._.._... _..__.:
..
On this ................ ...... ........ day of ......--......... _................... ........... 1 19 , before me personally came
to me personally (mown who, being by me duly sworn did depose
and say that he redder at
, that he
is it. Of
the corporation described in and which executed the above Instrtmtent; that he knows the ad of said
corporation; that the seal affixed to said Instrument is such corporate seal; that it by
t
Tompkins amni
was so affixed order
the roof Directors of said and that((�°° signed his thereto by like
Recorded
f, Q( name order.
��r�°°tion,
on th
�i 5..m do
...� .�.....-. Day of........M.L4
O.
k.....M., in Libor �q.........
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;._ .a ........
...�... . of..... ... G............................................................ ..
�: ..... ..... and ed. NOTARY PUBLIC
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